Can I buy a house without five certificates Anju real estate Q A

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Some real estate projects have a long sales cycle, and there may be some commercial houses that have not been sold after the house is built. Most of these houses are sold as existing houses, but some consumers find that there are incomplete or no five certificates for buying this kind of existing houses, so can you buy an existing house without five certificates? Next, I will briefly introduce it to you.

1. According to the provisions of China's relevant policies, the sale of off-plan housing must be complete with five certificates, but the sales of existing houses may not be. If it belongs to an existing house that has obtained a state-owned land use certificate and a real estate certificate (large property certificate), it can be purchased. If the house is an existing house that has been completed but has not obtained the state-owned land certificate and real estate certificate (large property certificate), then we still need to check whether the developer has five certificates and two books when buying.

2. The existing house refers to the commercial housing that consumers can move in when they buy it, that is to say, the developer has obtained the large property right certificate of the house sold, and the consumer can check in and obtain the real estate certificate after signing the purchase contract. According to the regulations on the sale of existing houses in China, only those who have a real estate certificate and a land use certificate can be called an existing house. When you buy this kind of existing house, you don't need to check the sales license, but you need to check the real estate certificate, state-owned land use certificate, and property right registration and filing certificate.

3. There are also advantages to buying an existing house, you can buy an existing house and live in it, you don't need to wait for a few years to move in like buying an off-plan house, and you don't have to worry about the risk of unfinished real estate. When you buy an existing house, you can see the real thing intuitively and realistically, and you can see the room type, orientation, and community supporting facilities of the house at a glance.

4. When you buy an existing house, you should ask the developer to clearly inform whether the property has been mortgaged to the bank; Alternatively, the buyer can go to the Housing Authority to check the ownership of the property. When buying an existing house, it is best to understand the situation of the community in different time periods, and understand the composition of the owners and properties of the community. In addition to looking at the model house, you also need to conduct a field visit to carefully check whether there are quality problems in the house.

Summary: Regarding whether you can buy an existing house without five certificates, I will briefly introduce it to you here. I hope that after reading this article, I can provide you with reference and help when buying an existing house in the future.

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You can't buy a house with incomplete five certificates. In the absence of a real estate pre-sale license, the contract for the sale and purchase of commercial housing signed is generally invalid. For home buyers, there are legal risks.

Legal basis: Administrative Measures for the Pre-sale of Urban Commercial Housing

Article 5 The pre-sale of commercial housing shall meet the following conditions:

1) All land use right transfer fees have been paid, and the land use right certificate of Doubi has been obtained;

2) Holding construction project planning permits and construction permits;

3) According to the calculation of the pre-sold commercial housing, the funds invested in the development and construction of the project have reached more than 25% of the total investment in the construction of the project, and the construction progress and completion delivery date have been determined.

Sixth commercial housing pre-sale licensing system. For the pre-sale of commercial housing, the developer shall apply for a pre-sale license from the real estate management department and obtain the "Commercial Housing Pre-sale License".

If the "Commercial Housing Pre-sale License" has not been obtained, the commercial housing pre-sale shall not be carried out.

It is advisable not to buy a house with incomplete five certificates. Risks of buying an unlicensed house:

1) The risk of illegal nature of the land is built on collective land without going through the land acquisition procedures, that is, the so-called "township property" house. In this case, it is not legal to sell the house, because the country clearly stipulates that commercial housing development cannot be carried out on collective land. However, whether the construction of a house is in line with the law must be judged by whether the planning procedures are complete.

2) The risk of illegal land use rights in the suburbs of the city, some real estate has met the conditions for occupancy, and there are planning and construction procedures, but the commercial housing sales license has not been handled, and the reason for this is that most of it is on the land, that is, the state-owned land use right transfer procedures have not been handled, so it cannot be sold according to the normal procedures. In this case, the construction itself is legal, but the sale of the house is not legal, and the developer must pay the transfer fee of the state-owned land use right and obtain the state-owned land use right certificate before applying for the commercial housing sales license for sale.

3) The risk of illegal construction procedures for some projects, flaws in planning and construction procedures, and no planning certificate and construction certificate, that is, illegal construction. In this case, it is not legal to build a house, and of course it is illegal to sell a house. If the construction procedures cannot be completed, the consequences will be the most serious, that is, there is a risk of demolition.

If it is only a matter of construction procedures, it may be possible to make up the procedures after paying a fine, thus legalizing it. However, if there is a serious violation of the urban plan, it is not impossible that it will be demolished, and it will occasionally occur. In practice, it is also related to the law enforcement efforts of the relevant competent authorities.

In this case, buyers should be most careful and generally do not buy.

4) In this case, the developer often adopts the so-called internal subscription method of sales, that is, a certain subscription fee is charged first, and then the commercial housing sales contract is signed with the buyer after obtaining the commercial housing sales license. In this case, it is legal to build a house, but it is not legal to sell a house, and it can only be sold when the construction progresses to the specified level and the commercial housing sales license is obtained. Compared with the existing house, the risk of off-plan housing itself is very large, and the risk of early sales is greatly increased on the basis of off-plan housing.

And some projects have not yet started construction or even completed the demolition and start selling, not to mention the risk. If you do want to buy it, it is especially important to check the developer's creditworthiness.

Legal analysis: The property with incomplete five certificates is generally not allowed to be bought, and the incomplete five certificates indicate that the house does not meet the conditions for buying and selling, and there will be many risks after purchase.

Legal basis: Article 7 of the Administrative Measures of the People's Republic of China for the Sale of Commodity Housing shall meet the following conditions: (1) The real estate development enterprise of the commercial housing for sale shall have the business license of the enterprise legal person and the qualification certificate of the real estate development enterprise; (B) to obtain a certificate of land use rights or approval documents for the use of land; (C) holding construction project planning permits and construction permits; (4) It has passed the completion acceptance; (5) Demolition and resettlement have been implemented; (6) Water supply, power supply, heating, gas, communications and other supporting infrastructure have the conditions for delivery and use, and other supporting infrastructure and public facilities have the conditions for delivery and use or have determined the construction progress and delivery date; (7) The property management plan has been implemented.

When we buy a house, we can't covet the cheapness of the house, and go late to buy those more outrageous houses, because this kind of house is usually incomplete in five certificates, and the quality of the house is difficult to be guaranteed.

What should I do if I don't have all the five certificates to buy a house?

If the user buys a house with incomplete five certificates, you can apply for a refund from the developer, because the house is incomplete five certificates, indicating that the developer is not qualified to sell the house, the purchase contract signed by the developer and the buyer is invalid, the buyer can ask to check out, and the developer should return the house payment and interest paid by the buyer.

What are the consequences of buying a house with incomplete five certificates?

1. Lack of guarantee of house quality.

The commercial housing of the developer does not have five certificates, so it may mean that the developer does not have the qualification to build the commercial housing, nor does the qualification of the first commercial housing to answer, and the quality of such a house is usually difficult to guarantee.

2. The signed contract may be invalid.

If the developer's five certificates are not complete, not only can not handle the property right certificate, but also the pre-sale contract signed with the buyer is invalid, because the current commercial housing will use the online contract for the record, and the house with incomplete five certificates can not be registered for the online contract.

3. Unable to apply for loans.

At present, many people will apply for a home loan when buying a house, and usually the bank will check whether the developer has a pre-sale permit, and at the same time, it will also require the developer to provide a phased guarantee before the buyer will go through the loan-related procedures.

4. Unable to successfully obtain the real estate certificate.

If the developer's five certificates of housing are incomplete, the buyer will not be able to obtain the real estate certificate smoothly, and the buyer will not be able to handle the property right registration and transfer in time, so the house is not protected by law.